[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Notices]
[Page 84034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26453]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36739]


Massachusetts Coastal Railroad, LLC--Acquisition and Operation 
Exemption--Bay Colony Railroad Corporation

    Massachusetts Coastal Railroad, LLC (Mass Coastal), a Class III 
rail carrier, has filed a verified notice of exemption under 49 CFR 
1150.41 to acquire from Bay Colony Railroad Corporation (Bay Colony) 
and to operate approximately 5.92 miles of rail line between milepost 
QND 0.08 and milepost QND 6.00 in Bristol County, Mass. (the Line). 
According to the verified notice, Bay Colony is the current operator of 
the Line.
    The verified notice states that Mass Coastal has entered into an 
agreement with Bay Colony to acquire the assets comprising the Line and 
will assume, via assignment, the lease for the underlying real 
property, which is owned by Massachusetts Department of Transportation 
(MassDOT).\1\ Mass Coastal currently has authority to operate the lines 
connected to both ends of the Line.
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    \1\ Mass Coastal states that the Bay Colony lease was previously 
with the prior owner of the real property, CSX Transportation, Inc. 
See Bay Colony R.R.--Acquis. & Operation Exemption--CSX Transp., as 
Operator for N.Y. Cent. Lines, LLC, FD 34446 (STB served Jan. 16, 
2004). Mass Coastal also states that the real property was acquired, 
and the lease assumed, by MassDOT in 2009. See Mass. Dept. of 
Transp.--Acquis. Exemption--Certain Assets of CSX Transp., FD 35312 
(STB served Dec. 10, 2009).
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    Mass Coastal certifies that the proposed acquisition of the Line 
does not involve any interchange commitments. Mass Coastal further 
certifies that its projected revenues as a result of this transaction 
will not exceed those that would qualify it as a Class III carrier and 
that its projected annual revenue will not exceed $5 million.
    The transaction may be consummated on or after December 16, 2023, 
the effective date of the exemption (30 days after the verified notice 
was filed).
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to revoke the exemption 
under 49 U.S.C. 10502(d) may be filed at any time. The filing of a 
petition to revoke will not automatically stay the effectiveness of the 
exemption. Petitions for stay must be filed no later than December 8, 
2023.
    All pleadings, referring to Docket No. FD 36739, must be filed with 
the Surface Transportation Board either via e-filing on the Board's 
website or in writing addressed to 395 E Street SW, Washington, DC 
20423-0001. In addition, one copy of each pleading must be served on 
Mass Coastal's representative, Eric M. Hocky, Clark Hill PLC, Two 
Commerce Square, 2001 Market St., Suite 2620, Philadelphia, PA 19103.
    According to Mass Coastal, this action is categorically excluded 
from environmental review under 49 CFR 1105.6(c) and from historic 
reporting requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: November 28, 2023.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2023-26453 Filed 11-30-23; 8:45 am]
BILLING CODE 4915-01-P